Fair Work (Registered Organisations) Act 2009

A person commits an offence if:

the person takes a reprisal against another person; and

the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.

In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.

A person (the first person) commits an offence if:

the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and

the first person:

intends the second person to fear that the threat will be carried out; or

is reckless as to the second person fearing that the threat will be carried out; and

the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.

For the purposes of subsection (3), the threat may be:

express or implied; or

conditional or unconditional.

In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.